Is the trial judges ruling enforceable while the appeal is pending?
Generally, yes. The parties are required to follow the trial judge’s rulings even though an appeal has been taken unless the appellant obtains a stay of the ruling. Usually, the only rulings subject to a stay are those affecting an interest in property or the payment of a money judgment. To obtain a stay, the appellant may be required to post a bond in the form of a deposit with the clerk of the court, with an approved surety, or into an escrow account equal to approximately 150% of the value of the property or money judgment at issue; otherwise, the Appellee is free to enforce the judgment through contempt proceedings, garnishments, levies, and the like. If a bond is posted and the Appellant wins the appeal, the collateral is refunded. If a bond is posted and the Appellant loses the appeal, then the collateral is forfeited to the extent necessary to pay the Appellee the amount of the judgment, post-judgment interest at the rate of 9% per annum, the costs of the appeal excluding attorn
Related Questions
- The trial judge has made an unusual ruling that Picktons lawyer will be permitted to open to the jury at the beginning of the trial. What advantage does this pose for the defence?
- Is the trial judges ruling enforceable while the appeal is pending?
- What are the prospects for the Gore appeal of Judge Sauls ruling?
